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2008 Human Rights Reports: Argentina Page 1 of 21 2008 Human Rights Reports: Argentina BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR 2008 Country Report on Human Rights Practices February 25, 2009 Argentina is a federal constitutional republic with a population of approximately 40.1 million. In October 2007 the country held national presidential and legislative elections, and voters elected President Cristina Fernandez de Kirchner in generally free and fair multiparty elections. Civilian authorities generally maintained effective control of the security forces. While the government generally respected the human rights of its citizens, the following human rights problems were reported: killings and use of excessive force by police or security forces; police and prison guard abuse and alleged torture of suspects and prisoners; overcrowded, substandard, and life-threatening prison and jail conditions; occasional arbitrary arrest and detention; prolonged pretrial detention; continued weak judicial independence; official corruption; domestic violence against women; trafficking in persons for sexual and labor exploitation, primarily within the country; and child labor. During the year, the government convicted several perpetrators of human rights abuses committed during the 1976 83 military dictatorship and continued trials that were suspended in 1989 90 when the government pardoned such perpetrators. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life While the government or its agents did not commit any politically motivated killings, there were reports that police committed killings involving unwarranted or excessive force. Generally, officers accused of wrongdoing were administratively suspended until completion of an investigation. Authorities investigated and in some cases detained, prosecuted, and convicted the officers involved. The nongovernmental organization (NGO) Coordinator Against Police Repression (CORREPI) reported that security forces using excessive force killed more than 200 persons each year. In January local victim advocacy organization Madres del Dolor filed a court case accusing two policemen of killing 21-year-old Sergio Enciso in Buenos Aires Province. The case remained pending at year's end. According to Madres del Dolor, a judge detained five police officers and the police chief of Ramos Mejia in Buenos Aires Province for the February death of 35-year-old Gaston Duffau after an official autopsy confirmed that the victim died from multiple blows to the body and asphyxia. The police officials involved remained in pretrial detention at year's end. http://www.state.gov/g/drl/rls/hrrpt/2008/wha/119145.htm 3/24/2009 2008 Human Rights Reports: Argentina Page 2 of 21 There were no known developments in the case of Carlos Madrid, an off duty Buenos Aires police sergeant, who was in pretrial detention for the November 2007 killing of Daniel Ezequiel Cespedes. In July a court sentenced police officer Dario Poblete to life imprisonment for the April 2007 killing of school teacher Carlos Fuentealba during a teachers' strike in Neuquen. In September a Jujuy provincial court sentenced one police officer to life imprisonment and another to four years in prison for the 2006 death of Saul Mendoza. The court acquitted a third officer and continued to investigate a fourth. There were no known developments in the trial of two former police officers and a civilian charged with homicide in the 2006 beating and shooting death of 15 year old Miguel Eduardo Cardozo. Human rights groups stated to the press that ex-police officer Marta Jorgelina Oviedo was serving her life imprisonment sentence for the 2002 killing of Andrea Viera under house arrest. In August the government, as recommended by the Inter American Court on Human Rights in 2003, reopened an investigation into the 1991 killing by police forces of Walter Bulacio. The trial remained pending at year's end. b. Disappearance There were no reports of politically motivated disappearances. Judicial proceedings related to killings, disappearances, and torture committed by the 1976 83 military dictatorship continued. According to the human rights organization the Center for Legal and Social Studies (CELS), there were 255 ongoing judicial investigations and an estimated 508 persons indicted for crimes against humanity committed during the Dirty War era. Of those indicted, 358 remained in pretrial detention. At least 14 former state security agents and their civilian allies were convicted of human rights crimes, including forced disappearances and kidnappings. A November Noticias Argentinas press report, compiling information provided by the National Prosecutor General's Office, stated that 32 individuals had been convicted for crimes against humanity since 2003, 371 suspects remained in pretrial detention, and 61 persons remained fugitives from justice. In March a federal court decided that crimes committed by the Argentine Anti Communism Alliance before and during the military dictatorship were crimes against humanity and therefore not subject to the statute of limitations. The press, civil society, and legal scholars expressed concern that the government's efforts to pursue justice for human rights crimes committed during the military dictatorship did not include armed guerrilla groups that also were accused of committing abuses during the same time period. In January a court released the wife and two children of former naval official Hector Febres, who died of cyanide poisoning in prison while facing charges of torture. They still faced charges on suspicion that they helped Febres commit suicide. In March a federal court released two Coast Guard constables who were arrested in connection with the case. In March the National Human Rights Secretariat pressed homicide charges against former economy minister Jose Martinez de Hoz, who served under the military dictatorship, for the death of economist Juan Carlos Casariego Del Bel. In March former navy lieutenant commander Ricardo Cavallo was extradited from Spain to Argentina to face charges of crimes against humanity committed during the military dictatorship. Cavallo was indicted in July and remained in pretrial detention at year's end. http://www.state.gov/g/drl/rls/hrrpt/2008/wha/119145.htm 3/24/2009 2008 Human Rights Reports: Argentina Page 3 of 21 In May federal authorities indicted Ernesto Barreiro for his role in committing human rights abuses during the military dictatorship, when he served as an army officer and chief interrogator at the La Perla clandestine torture center. He remained in pretrial detention at year's end. In April former police officers Fernando Esvedes and Carlos Vercellone were arrested for their alleged role in political kidnappings and torture in the clandestine detention center Pozo de Arana during the military dictatorship, and their trial remained pending at year's end. In July former army chief Luciano Benjamin Menendez and former army officials Oreste Valentin Padovan, Ricardo Alberto Ramon Lardone, Carlos Alberto Diaz, and Luis Alberto Manzanelli were sentenced to life imprisonment for human rights violations committed during the military dictatorship. Former army officials Hermes Oscar Rodriguez, Jorge Exequiel Acosta, and Carlos Alberto Vega received sentences ranging from 18 to 22 years' imprisonment. In August former army lieutenant colonel Julio Rafael Barreiro was sentenced to life imprisonment, while former captain Juan Carlos de Marchi and former colonel Horacio Losito were sentenced to 25 years' imprisonment for their role in human rights violations during the military dictatorship. Former gendarmerie commander Raul Alfredo Reynoso was sentenced to 18 years. In August a human rights trial against former brigadier general Enrique Braulio Olea, former colonels Oscar Lorenzo Reinhold and Mario Alberto Gomez Arenas, former major Luis Alberto Farias Barrera, former military officers Jorge Eduardo Molina Ezcurra and Sergio Adolfo San Martin, and doctor Hilarion de la Paz Sosa began in Neuquen Province. The former military officials were accused of 17 counts of crimes against humanity committed during the military dictatorship. In September a federal judge resumed an investigation into the 1973 killing of General Labor Confederation leader Jose Ignacio Rucci, in which the armed guerrilla group, the Montoneros, was believed to have been involved. In October federal authorities indicted former National University Concentration chief Eduardo Cincotta, former member Nicolas Cafarello, three former air force officials, and former army colonel Roberto Atilio Bocalandro for human rights crimes committed in the clandestine detention center La Cueva in Mar del Plata. They remained in pretrial detention at year's end. In October former army officials Alberto Barda, Hipolito Mariani, and Cesar Comes received sentences ranging from 25 years' to life imprisonment for human rights violations committed in the clandestine detention centers of Mansion Sere and La Cueva. In December the Court of Criminal Appeals ordered that 21 military officials accused of human rights violations during the military dictatorship be freed on bail, including two of the most notorious suspects, ex-naval captains Alfredo Astiz and Jorge Acosta. The three-judge panel noted that the men had spent more than five years in detention without a trial, far in excess of the two-year legal limit for pretrial detention. The prosecutors, CELS, and
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